Cite as: 510 U. S. 317 (1994)
Scalia, J., concurring in judgment
Manso backpay. All of this would have made it clear enough to ABF and to ABF's employees that violating the National Labor Relations Act does not pay. Had the posted notice also included, instead of ABF's commitment to reinstate Manso (which is what the Board ordered), a statement to the effect that Manso's reinstatement would have been ordered but for his false testimony, then it also would have been made clear to ABF and to ABF's employees that perjury does not pay.
I would have felt no need to write separately if I thought that, as the Court puts it, the Board has simply decided "to rely on 'other civil and criminal remedies' for false testimony." Ibid. My impression, however, from the Board's opinion and from its presentation to this Court, is that it is really not very much concerned about false testimony. I concur in the judgment of the Court that the NLRB did nothing against the law, and regret that it missed an opportunity to do something for the law.
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